Revision as of 16:18, 9 September 2017

Legal provisions

The Medical Termination of Pregnancy Act, 1971

The Indian Express, July 26, 2016

Abantika Ghosh

When were the limitations of the “legal limit” of abortion revealed?

In 2008, Haresh and Niketa Mehta petitioned Bombay High Court to allow them to abort their 26-week-old foetus who had been diagnosed with a heart defect. For the first time, the national medical narrative took note of the fact that with the advent of medical technology, pre-natal diagnosis of defects had come a long way — and some defects could be revealed after 20 weeks has passed. The Mehtas’ plea was turned down on expert advice. But the court’s observation that only the legislature could address the demand for change in the legal limit meant that India started the process of re-evaluating provisions of the Medical Termination of Pregnancy Act, 1971. Niketa, incidentally, had a miscarriage soon after the verdict.

Was the law challenged on any other occasion?

Yes. Last year, a 14-year-old rape victim from Gujarat sought and received permission from the Supreme Court to abort after the 20 weeks deadline had passed. Her petition was treated as a “special case”, meaning it could not be used as a precedent to grant permission in another case. Which is why the woman in whose favour the SC decided — identified in her petition as “Miss X” — needed to knock on the doors of the apex court afresh.

' What are the provisions of the new MTP law that is in the works?'

The draft Medical Termination of Pregnancy (Amendment) Bill, 2014, on which the Health Ministry has sought and received comments, provides for abortion beyond 20 weeks under defined conditions. As per the draft law, a healthcare provider may, “in good faith”, decide to allow abortion between 20 and 24 weeks if, among other conditions, the pregnancy involves substantial risks to the mother or child, or if it is “alleged by the pregnant woman to have been caused by rape”.

The draft law also takes into account the reality of a massive shortage of both doctors and trained midwives, and seeks to allow Ayurveda, Unani and Siddha practitioners to carry out abortions, albeit only through medical means, and not surgical ones.

The draft legislation recognises that the anguish caused by pregnancy resulting from rape “may be presumed to constitute a grave injury to the mental health of the pregnant woman”, and that such an injury could be a ground for allowing abortion.

Why is it essential to change the MTP law?

Legal and medical experts feel that a revision of the legal limit for abortion is long overdue. Foetal abnormalities show up only by 18 weeks, so just a two-week window after that is too small for the would-be parents to take the difficult call on whether to keep their baby. Even for the medical practitioner, this window is too small to exhaust all possible options before advising the patient to take the extreme step.

Again, the 45 years since the enactment of the law has seen technology break new grounds — from ultrasound to magnetic resonance imaging to a range of highend foetal monitoring devices that have taken prenatal diagnosis far beyond the illegal sex determination tests that have refused to die out completely.

The rising incidence of sex crimes, and the urgent need to empower women with sexual rights and choices both in their own interest and for the sake of reducing the fertility rate as a whole, have made it imperative that the law be changed. In any case — and what is far more worrying — is the fact that the lack of legal approval does not prevent abortions from being carried out beyond 20 weeks. And they are done in shady, unhygienic conditions by untrained, unqualified quacks, putting thousands of women at risk probably every day.

Proposed amendments to the MTP Act

Sushmi Dey, SC's abortion ruling brings focus back on proposed amendments to MTP Act, Jan 17 2017: The Times of India

The Supreme Court's verdict allowing a woman from Mumbai to abort her 24-week pregnancy for abnormality of the fetus that could endanger her life has brought focus back on the proposed amendments to the Medical Termination of Pregnancy (MTP) Act, 1971.

Experts have raised concerns that despite the health ministry approving changes to the law, women are made to approach the court and go through all the trauma because the amendments are yet to be passed by Parliament. “The proposed changes to the Act will save such women from going to court and hence, a delay in abortion, mental trauma as well as huge expenses,“ says Vinoj Manning, Executive Director, Ipas Development Foundation (IDF), an NGO that works on increasing women's access to comprehensive abortion care in India.

One of the crucial amendments proposed to the law dating back to 1971 would allow abortion at any time during the pregnancy for “selective“ fetal abnormality “incompatible“ with life, which cannot be detected during the 20-week gestation period.Currently , the law allows medical abortion only till 20 weeks of pregnancy .

The amendments await Cabinet approval after which the bill will be tabled in Parliament.

The Supeme Court has allowed the Mumbai woman to abort the fetus on the ground that it did not develop a skull and could endanger her life.

“Once the amendments to the MTP Act come through, women would not be forced to move the highest court for permission for termination,“ says Manning.

He adds, “The proposed amendments include strengthening access to safe abortion services by increasing the type of providers permitted to conduct an abortion after being appropriately trained, increase in the gestation limit to 24 weeks for vulnerable categories of women and of course no gestation limit to apply in case of diagnosis of severe fetal abnormalities.“

A health ministry official said the amendments would bring about incredible benefits to women.

Other amendments to the law include allowing homoeopaths, nurses and midwives to conduct non-invasive abortions with training.

‘Live-ins’ get abortion rights of married couples

Swati Deshpande, HC extends abortion right to live-ins, Sep 22 2016 : The Times of India

Till Now, Only `Married Women' Were Allowed Medical Termination Of Pregnancies

The Bombay high court has extended to live-in relationships a pro-choice right which only married women have enjoyed so far in law. The HC held that a provision under the Medical Termination of Pregnancy Act, which currently doesn't apply to live-in relationships, should be understood to be applicable also to couples who live in the nature of a marriage.

A 45-year-old law that governs and grants women the right to abort spelled out how a married woman, who may have conceived by accident despite using birth control devices, could be permitted to terminate such pregnancy till 20 weeks, if unwanted, on the ground that its continuation would cause her mental trauma. Since the law specified “married woman“, the HC while dealing with the rights of women in prison to medical termination, said law in today's scenario of live-in relations would extend to even such women, who though not married, live in with their partner.

The judgment, salutary to women who have not tied the knot but live with a man in a relationship akin to marriage, recognised the extent to which such relationships resonate and are rising in society and the need for protec tive laws. The law says an unwanted pregnancy caused by failure of a birth control device in a marriage can be ended, but only till the foetus is 20 weeks old.

The HC was deciding a suo motu PIL triggered by a case of a woman inmate in Mumbai who wished to terminate her second pregnancy while in custody . The PIL saw a bench of Justices V K Tahilramani and Mridula Bhatkar delving into the essence of the law that legalises abortion in India -the Medical Termination of Pregnancy Act. Section 3(2)(b)(i) of the Act allows termination of pregnancy if there is risk to the life of the pregnant woman.

The judges observed that “besides physical injury , the law widened the scope of termination of pregnancy by including `injury' to mental health of the woman“. The law provides two `explanations' of what constitutes such injury . While the first points to a rape survivor and the anguish a resultant pregnancy causes, `Explanation 2' under the Act lists a pregnancy that is accidental, caused by failure of a birth control device. “Such a pregnancy , if unwanted, may be presumed to constitute grave injury to mental health of the pregnant woman,“ the law states.

“Explanation 2 should be read to mean any couple living together like a married couple,“ the court directed.“A woman irrespective of her marital status can be pregnant either by choice or it can be an unwanted pregnancy . Wanted pregnancy is shared equally , however, when it is an accident, then the man may not be there to share the burden. Under such circumstances, a question arises why should only a woman suffer,“ the HC asked.

A doctor, while advising an MTP, must consider the future prospects such unwanted pregnancy holds for a woman, the judgment said.

The judges observed that there were reasons why a pregnancy is sought to be ended. “There are social, financial and other aspects attached to the pregnancy of the woman and if pregnancy is unwanted, it can have serious repercussions. The right to control their own body and fertility and motherhood choices should be left to women alone.“

Abortion rights for single women

The Times of India, Dec 12 2016

Govt plans equal abortion rights for single women

Sushmi Dey  In a move that will make it easier for single women to safely and legally terminate unwanted pregnancies, the health ministry has recommended recognising “failure of contraceptive“ and “unplanned pregnancy“ as lawful reasons for abortion among all women, married or otherwise. At present, the law recognises these two reasons for abortion only in case of “married“ women.

The relief is part of a series of recommendations made by the health ministry for amendment of the Medical Termination of Pregnancy (MTP) Act.The proposal is likely to be taken up by the Cabinet soon af ter the ongoing Parliament session ends, sources said.

The existing MTP Act requires a doctor to indicate a reason for abortion. This could be to save the life of the wo man, in case of rape or incest, or due to the physical or mental health of the woman. Recognising the growing reality of sexually active single or unmarried women, the government's recommendations aim to widen the purview of legal abortion. Experts say the move is progressive and will give women safe and legal abortion options.

Other amendments to the law dating back to 1971 would allow abortion any time during pregnancy for “selective“ foetal abnormality , which cannot be detected during the 20-week gestation period.Currently , the law allows medical abortion only till 20 weeks of pregnancy . It will also help address the social taboo attached to sexual activity of single or unmarried women and instead allow them a right over their body .

The ministry has also recommended allowing homoeopaths, nurses and midwives to conduct non-invasive abortions with training. The proposed amendments also include extending the gestation period from 20 weeks to 24 weeks for “special categories“, which is also likely to include single women with unwanted pregnancy , apart from disabled and other vulnerable women. “Once the amendments bill is passed by Parliament, the ministry will elaborate on implementation of the law by notifying rules. That will bring more clarity ,“ an official said.

“The amendments will increase women's access to safe abortion and we are hoping the government will attempt to pass the bill in Parliament at the earliest,“ said Vinoj Manning, executive director of IPAS India, a non-profit organisation working to increase women's ability to exercise their sexual and reproductive rights, and to reduce maternal mortality .

Raped minors should get abortion permission fast: SC

AmitAnand Choudhary, August 26, 2017: The Times of India

The Supreme Court said that minor rape victims should not be forced to knock on the doors of a court for getting permission to terminate pregnancies arising out of sexual offence and favoured setting up of a trust for the benefit of Chandigarh-based 10-year-old rape survivor who recently delivered a child after being denied abortion.

A bench of Justices Madan B Lokur and Deepak Gupta said that crucial time got wasted in court proceedings and it became too late and risky to allow the rape survivor to abort forcing her to deliver the child. The court said that in such cases medical practitioners should take a pro-active steps to come to the rescue of the victim.

The court agreed with the submission of senior advocate Indira Jaising who contended that pregnancy was also life threatening in case of minor girl and it was the duty of doctors to allow her to undergo abortion. “The provisions of Medical Termination of Pregnancy (MTP) Act are not properly understood by doctors and they are afraid to help the victims in abortion fearing criminal prosecution under Section 312 of Indian Penal Code,“ she said.

Section 312 says that whoever voluntarily causes a woman with child to miscarry , shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Referring to the provision, Jaising said that the penal provision was not applicable in case of minor child as her pregnancy was also life threatening and abortion was only to pave the life of the victim.

After a brief hearing, the bench said that it would examine the larger issue pertaining to minor rape victims and asked Jaising to submit a scheme for creating a trust or foundation to take care of the 10-year-old child.

The court said that money would be deposited in the trust which would meet medical and day-to-day requirement of the victim, her child and family members.

The bench also directed that identity of the victim, her child and her family members would not be made public and ordered the her medical report be kept in a sealed cover.It also directed Chandigarh's legal service authority to immediately disburse amount of Rs 1 lakh to her. The girl had been raped several times, allegedly by her maternal uncle.She and her family members came to know about the pregnancy when she went to see the doctor for stomach pain and by that time the foetus was about 26-weeks old.

Pregnancy period prescribed

SC allows woman to abort at 24 weeks

AmitAnand Choudhary, SC allows woman to abort at 24 weeks, Jan 17, 2017: The Times of India



Coming to the rescue of a 24-week pregnant woman facing danger to her life due to a severe abnormality in the foetus, the Supreme Court on Monday gave her permission to terminate the pregnancy though it was past the legal limit of 20 weeks.

Justices S A Bobde and L Nageswara Rao allowed the plea of a Mumbai-based 22-year-old woman to undergo abortion after considering a medical report prepared by a team of seven doctors. The doctors said the chance of the foetus -detected with anencephaly , a serious defect where parts of the skull are not adequately developed -surviving was very slim and the mother's life would be endangered if it the abortion was not carried out. The Supreme Court had appointed the board of senior doctors from King Edward Memorial Hospital and directed it to file a report about her “condition and advisability of permitting a medical termination of pregnancy“.

In recent months, the apex court has allowed termination of pregnancy beyond 20 weeks in the case of two rape victims on the basis of medical assessment that the fetus had abnormalities and there was a danger to the life of the mother.

The court directed that the termination will be done under the supervision of the board. The court said that it was not necessary to go into “medical and medico-legal aspect of the identity of the fetus and the matter is to be decided from the standpoint of petitioner to preserve her life“.

“In these circumstances, we consider it appropriate and in the interest of justice, particularly the right of the petitioner to preserve her life, that she be allowed to undergo termination of pregnancy ,“ the bench said.

The court said, “The fetus is not compatible to life outside uterus. In other words fetus would not be able to survive. Equally , rather more important, continuance of the pregnancy would endanger the physical and mental health of the petitioner“.

The woman approached the court after doctors refused to terminate the pregnancy as it was not allowed under the Medical Termination of Pregnancy Act, 1971.The law permits a woman to terminate her pregnancy till 20 weeks if two registered practitioners express unanimous opinion that continua tion of pregnancy would threaten the mother's life or the fetus has severe abnormalities.

This is the third incident in recent years when the SC has allowed a woman to abort beyond the period prescribed by law. In July 2016, SC had allowed a rape survivor's distress plea to abort her 24-week pregnancy citing serious abnormalities with the fetus.

In a similar case, a minor rape victim from Gujarat had moved the SC in July 2015 seeking termination of pregnancy even though the fetus was more than 20 weeks. The court allowed the termination on the basis of medical report recommending in favour of abortion to save her life.

Can't exceed 20 weeks even for Down Syndrome: SC

AmitAnand Choudhary, Woman can't abort foetus with Down Syndrome, says SC , March 1, 2017: The Times of India

The Supreme Court the plea of a Mumbai woman to abort her 26-week-old foetus which, reports show, suffers from Down Syndrome and may be born with physical and mental abnormalities.

Sympathising with the 37year old woman, a bench of Justices S A Bobde and L N Rao said while it was sad for a mother to bring up a mentally challenged child, it could not permit her to abort it. The judges said that abortion of a fetus over 20 weeks old could be allowed only if there was a danger to the life of the mother or the fetus had no chance of survival.

The apex court passed the order on the basis of a medical report prepared by a group of senior doctors from Mumbai's KEM Hospital. The SC had directed the hospital to constitute a board to examine the woman and the fetus. According to the report, the fetus is suffering from Down Syndrome and there is a possibility that the child may be born with some physical and medical abnormalities. It, however, said there was no threat to the life of the mother or the fetus.

Accepting the findings of the report, the bench said it was not possible to allow the woman to go for medical termination of pregnancy . Pointing out that the re port did not conclusively say that the child would be born with physical or mental abnormalities and it was merely a possibility, the judges said children suffering from Down syndrome were as affectionate and lovable as any normal child and they could lead a normal life despite having some deficiencies. In these circumstances, the bench said, it was not possible to grant permission for abortion.

Senior advocate Colin Gon salves, appearing for the woman, contended that she should have the full right to terminate her pregnancy and the present law not permitting abortion above 20 weeks was not in line with norms followed across the world. He said the petitioner should be allowed to challenge the provision as a similar case was pending before the apex court. The bench thereafter tagged her case with the matter which was being examined by the court.

June 2017/ SC allows 25 week pregnant to abort

AmitAnand Choudhary, SC allows 25-week pregnant woman to take call on abortion , June 30, 2017: The Times of India

A 25-week pregnant woman from Kolkata stares at the toughest decision of her life -whether or not to undergo abortion. The Supreme Court asked her to take a final decision after perusing the report of a medical board which examined her and the health of the foetus.

Sarmishtha Chakraborty , 33, had approached the apex court seeking permission to abort as the foetus had developed some abnormality . The SC had set up a board of doctors to examine her and the foetus.

The Medical Termination of Pregnancy Act, 1971, permits abortion till the foetus is 20 weeks old. Many women discover problems with their pregnancies after 20 weeks and several have moved the SC seeking permission to abort.

Chakraborty had sought the court's nod to abort on learning that the foetus had congenital problems. She attached a report from renowned cardi ac surgeon Dr Devi Shetty which said the child, if born, might suffer from congenital problems and may not survive. On June 23, the SC appointed a medical board of seven senior doctors of SSKM Hospital in Kolkata to examine her.

Chakraborty has also challenged the constitutional validity of Section 3(2)(b) of the MTP Act which allows abortion only up to 20 weeks. She told the court that abnormalities in foetus were detected only at a late stage of pregnancy and a woman should be allowed to abort beyond the permissible time period. “The ceiling of 20 weeks is arbitrary and discriminatory ,“ she said in her petition. The SC, on the last hearing, had agreed with her contention and said the law “must be stretched“ to make it “meaningful“ by allowing abortion beyond 20 weeks.

August 2017: SC allows abortion of 26-week foetus without head

Woman gets SC nod to abort 26-wk-old fetus,, August 10, 2017: The Times of India

The Supreme Court allowed a woman to terminate her pregnancy, relying on a medical report that the 26week-old fetus was without a skull and would not be able to survive. The medical board report suggested if the pregnancy was allowed to run its full course, it could pose severe mental injury to the 26-year-old woman.

The medical board of Mumbai-based Sir JJ Hospital, where the woman was examined, said that she wanted to terminate the pregnancy as the fetus was not likely to survive and it was causing immense mental agony to her.

“We consider it appropriate in the interest of justice and particularly , to permit the petitioner (woman) to undergo medical termination of her pregnancy under the provisions of Medical Termination of Pregnancy Act, 1971,“ a bench comprising Justice S A Bobde and Justice L Nageswara Rao said.

“The condition of the fetus is not compatible with life. The medical evidence clearly suggests that there is no point in allowing the pregnancy to run its full course since the fetus would not be able to survive outside the uterus without a skull,“ the bench noted in its order.

The court was also informed that the woman understood that her fetus was abnormal and the risk of mortality was high. It directed that the termination of pregnancy would be performed by the doctors of the hospital where she underwent the medical check-up.

The woman had moved the court for permission to terminate her pregnancy .Section 3(2)(b) of the Medical Termination of Pregnancy (MTP) Act prohibits abortion of a foetus after 20 weeks of pregnancy.

2017, Sept: SC OKs abortion of 32-week foetus of 13-year-old girl

Dhananjay Mahapatra, SC OKs abortion of 32-wk fetus of rape survivor, September 7, 2017: The Times of India

The Supreme Court permitted termination of a 32-week-old pregnancy of a 13-year-old rape survivor from Mumbai making it the oldest fetus to be terminated on judicial orders while the law permits abortion of up to 20-week old fetus.

Solicitor general Ranjit Kumar attempted to register the Centre's protest saying the pregnancy is just four weeks away from maturity , indicating that it would be inadvisable to permit termination of pregnancy as the baby in the womb is well formed and has distinct rights. But, a bench of Chief Justice Dipak Misra and Justices Amitava Roy and A M Khanwilkar decided to go with the wish of the Class VII student who did not want to carry on with the pregnancy resulting from a sexual assault.

The FIR lodged at Charkop police station on August 9 by her parents, on finding out that their daughter was 28-week pregnant, mentioned about sexual assault leading to pregnancy but did not indicate who the culprit was. The bench decided to go by the report of the panel of doctors from J J Hospital, Mumbai, which stated that the pregnancy could be terminated though there was inherent dangers to the life of the mother.The SC asked the girl to be admitted to the hospital on Thursday for doctors to examine her and carry out the termination procedure “preferably“ on Friday and directed Maharashtra additional advocate general Nishant Katneswarkar to inform authorities to make necessary arrangements.

The Medical Termination of Pregnancy Act, 1971, permits abortion up to 20 weeks after which termination is allowed if the pregnancy posed danger to the life of mother or if it was certified by two registered medical practitioners that the fetus is deformed or has abnormalities making it difficult to survive after birth.

Trends

Under-20, urban abortions rise

The Times of India, Apr 13 2016

Outcomes of pregnany in urban areas, continual, live birth, still birth and abortion, age-group wise; Graphic courtesy: The Times of India, Apr 13 2016

Mahendra Singh  Cities Have 21% Pregnancy Wastage Against Rural India's 4.4%

Under-20 abortions reveal urban India's liberal attitudes

Most abortions reported in urban areas are below the age group of 20, pointing to a more liberal attitude towards sex and earlier engagement in sexual activity, reveals a government health survey.

The NSSO survey found that among all pregnancies reported, 77% in rural and 74% in urban areas ended with a live birth while abortion was only 2% in rural and 3% in urban India.

But the highest 14% abortions were seen in the youngest age-group of those below the age of 20 in urban areas.

The survey also found that pregnancy wastage was highest at 21% also in the youngest age group of less than 20 years. `Wastage of pregnancy' is defined as the `total number of pregnancies which did not result into livebirth during the reference period' per 1000 number of completed pregnancies during the same period.' Interesting ly, about 4.4% of the pregnancies were wasted in the rural areas, and it was little higher in urban areas (5.9%) despite accessibility of heath care services in cities.

A number of factors a greater readiness to report, a greater incidence, a better access to abortion services could all account for it, but further studies would be required to comment, the survey noted.

It was found that among women in the age group of 15­49 years, about 9.6% in the rural areas and 6.8% in the urban areas were pregnant during the 365 days preceding the date of survey .

The survey also found that in rural India, 56% childbirths took place in public hospitals and 24% in private hospitals. In cities, around 42% children were born in public hospital and 48% in private hospitals. Reflecting lack of health care facilities in rural areas, the survey highlighted that about 20% non-institutional childbirths were reported in villages while it was at 11% in urban areas.

Decline in Mumbai, 2016-17

Abortions in Mumbai fall first time this decade, down 4%, May 16, 2017: The Times of India

HIGHLIGHTS

33,526 abortions were carried out at the city’s 550 registered centres in 2016-17—a 4% decline from 34,790 cases in 2015-16.

While total abortions declined by 3.6%, abortions among youths declined significantly by 52%.

MUMBAI: For the first time in this decade, the number of abortions has shown a decline in the city in 2016-17. Data collected by the civic body also shows a remarkable decrease in medical termination of pregnancies among teenagers.

The data, released in response to an RTI query, revealed that 33,526 abortions were carried out at the city's 550 registered centres in 2016-17—a 4% decline from 34,790 cases in 2015-16. In almost all previous years, MTPs have shown an upward trend, registering an average annual increase of 10-13%. The steepest decline in 2016-17 was in the below-15 age bracket, where only eight abortions were reported, compared to the average of 200 in previous years. Civic authorities are certain the trend is positive and only hints towards increased awareness and better reporting, although sceptical activists and doctors won't yet call it a "healthy sign". The data accessed by RTI activist Chetan Kothari showed a 34% decline in MTPs in the 15-19 age group. A senior gynaecologist from KEM Hospital said teenage pregnancies are a cause for worry worldwide. "To record such a decline without aggressive public health or social intervention seems a bit questionable," the doctor said.

A spokesperson of Ipas Development Foundation (IDF), which works towards safe abortions, expressed concern, saying a decline in abortion among youths requires further analysis, especially when the overall number of abortions has more or less remained the same. "While total abortions declined by 3.6%, abortions among youths declined significantly by 52%. This change within a year seems surprising," said the expert, adding that it requires research to understand why young women may not be seeking or getting abortion services at these facilities. "We also need to find out if young women are turning to informal providers for terminating pregnancy," the IDF expert added. BMC's executive health officer Dr Padmaja Keskar said the data was collected scientifically through a software introduced last year. "The manual system has been upgraded to minimize errors. There is a fall in teenage abortions as per the statistics," she said. Dr Keskar pointed out that the number of lives lost due to MTPs was 50% less than 2015-16, when eight women had died.

In an analysis of reasons why women needed MTPs, failure of contraceptive device topped the chart, with nearly 29,700 out of 33,526 citing it. The other reasons shown were physical and mental danger to mother's life or that the child may suffer from abnormalities. In 47 cases, rape was shown as the reason for pregnancy. The data also pointed towards a gradual decline in second trimester abortions. Professor of gynaecology at Sion Hospital Dr Arun Naik said abortions beyond 12 weeks pose additional danger to a woman and can give rise to complications. "Due to a tremendous increase in awareness, we see a very small fraction of second trimester abortions. Girls and women are prompt in seeking care," said the doctor. Out of the 33,526 abortions, only 1,375 were carried out in the second semester of 2016-17.

Abortion, India and the world

The position in 2017

See graphic

Abortion/ MT: the position in other countries in 2017; The Times of India, June 22, 2017

SC OKs abortion of 26-week-old fetus

AmitAnand Choudhary|SC oks abortion of 26-week-old fetus|Jul 04 2017: The Times of India (Delhi) New Delhi   Will `Mother, Child Otherwise Be In Danger' The Supreme Court on Monday came to the rescue of yet another pregnant woman, permitting her to abort 26-week fetus suffering from severe abnormalities. Holding that the right of a woman to have reproductive choice is an “insegregable“ part of her personal liberty guaranteed under the Constitution, a bench of Justices Dipak Misra and A M Khanwilkar allowed the abortion plea of the Kolkata-based 33year old woman on the basis of a medical report which said the child, even if born alive, might not survive for long as it would have to go through multiple surgeries due to congenital disorder. “She has a sacrosanct right to have her bodily integrity. The case at hand, as we find, unless the pregnancy is allowed to be terminated, the life of the mother as well as that of the baby to be born will be in great danger. Such a situation cannot be countenanced in court,“ the bench said.

The petitioner, Sarmishtha Chakraborty , approached the apex court seeking permission to abort as the fetus was suffering from complex congenital cyanotic heart disease. The court had on June 23 appointed a medical board of seven senior doctors of Institute of Post Graduate Medical Education & Research (SSKM Hospital) of Kolkata to examine her.

The board, after thoroughly examining her, gave its report favouring abortion. Accepting the report, the bench granted her permission to undergo abortion “forthwith“.“In the instant case, the report of the medical board clearly reveals that the mother shall suffer mental injury if the pregnancy is continued and there will be multiple problems if the child is born alive. That apart, the Medical Board has categorically arri ved at a conclusion that in a special case of this nature, the pregnancy should be allowed to be terminated after 20 weeks,“ the bench said.

The Medical Termination of Pregnancy Act, 1971, permits abortion till the fetus is 20 weeks' old. The proposed amendment to abortion law, though initiated in 2014, is yet to get the nod of Union cabinet. It intends to extend the permissible period for abortion from 20 weeks to 24 weeks if the healthcare provider believes the pregnancy involves a substantial risk to the mother or child. Many women discover serious problems with their pregnancy after crossing the legally permissible period of abortion and have been moving the SC seeking permission to end their pregnancies.The court has allowed abortion in almost a dozen such cases in the last one year.

The proposed amendment to the Act also allows to do away with the time limit for abortion in case substantial foetal abnormalities.“The provisions relate to the length of pregnancy shall not apply to the termination of a pregnancy by a registered health care provider where the termination of such pregnancy is necessitated by the diagnosis of any of the substantial foetal abnormalities,“ the proposed bill says.

Delay in amending the Act to provide women a wider window to abort terminally ill fetuses is forcing many to move the apex court for permission to end their pregnancies that are beyond 20 weeks.

See also

Pre-marital sex: India